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Prosecutor Adamantia Oikonomou, in her brief speech at the Golden Dawn trial, demanded the rejection of the mitigating measures requested by the lawyers of the goldsmiths who were found guilty of the criminal organization.
In detail, the prosecutor proposed the rejection of extenuating circumstances for seven executives accused of running a criminal organization: specifically, these are Nikos Michaloliakos, Christos Pappas, Ilias Kasidiaris, Ioannis Lagos, George Germeni, Elias Panagiotaros, Artemos Matth. At the same time, he proposed the rejection of mitigations for the majority of the 11 crisaugitas accused of being mere members of an organization.
“It would be contradictory, on the one hand, to recognize that they are directed against the democratic state and society as a whole and, on the other, to grant them relief. I propose that all applications be rejected. “
Suggested individual mitigants only for Boukoura, Alexopoulos, Koukoutsis, who are charged as members and not for running the organization, according to a paragraph of the criminal code that establishes that if someone is convicted as a member of a criminal organization and has not committed a crime in the past, this attenuation can be granted.
The deuterology of the defense lawyers will follow and, after the withdrawal of the court, the decision will be announced to whom and what attenuations will be recognized.
A similar procedure, with the proposal of the prosecutor, speeches and judicial decision, will follow for the sentences that the court will impose.
Today the court is likely to decide on the crucial issue of suspensions, that is, which defendants will be taken to prison if their appeal is not suspended. In such a case, the accused will appear in court.
Greek justice ruled unanimously that Golden Dawn is a criminal organization “dressed in the mantle of a political party,” according to the referral panel in the case. “I consider it very important that some of them be sent to prison, but we don’t know yet,” Nikos Alivizatos, emeritus professor of Constitutional Law at the Athens Law School, told LiFO. “The framework of the sentence to join a criminal organization foresees imprisonment of 5 to 10 years, unless it is recognized mitigating.”
The lawyer for the Supreme Court, Nikos Vitoros, explains in detail the entire procedure foreseen below: “After the guilty plea comes the discussion for the measurement of the sentence. The prosecutor, despite the fact that she had proposed acquittal, has to speak and now propose the sentence. Thus, the issue of mitigation will be raised and it is expected that the lawyers of the convicted persons will take the floor, which will focus on the recognition of mitigating factors. At this point, brief speeches will be made by the lawyers in the order of the accusation, in which they will explain the reasons why their client is entitled to recognition of mitigating factors, such as previous honest life, good behavior, etc. Following the prosecutor’s speech, the court will adjourn and discuss the mitigating circumstances and then announce the recognition or rejection of the mitigating factors.
Then the prosecutor is given the floor again to propose specific sentences again. Then, the lawyers take the floor again, but in a shorter period of time to discuss the sentence, in case a defendant has received mitigation or not. Since then, the court has suspended and re-announced specific sentences. Then, the total sentences are formed and we have the final stage that is of greatest interest, that of the suspensive effect of the appeal. All defendants will appeal. The appeal has suspensive effect, but the court can reason that they cannot be released because they are likely to reoffend or escape, so it can decide from the first instance to evaluate the sentence and lead to imprisonment. At this point, the circle of lawyers and prosecutors will continue with suspensive status and the court is expected to make the decision. “
When is the decision clarified? Mr. Vitoros points out: “The clarification of this decision is expected to be a long process. I tell you in comparison that for the Siemens trial decision, which had a similar duration, we still do not have a clarification.
This is because all the statements, the reasoning for the decision and the final conclusion, the operative part, as we say, that justifies why they were convicted, must be clarified. All this is drawn up by the secretary based on the proceedings of the trial that he has taken and is delivered to the president of the court, who must consider it and put his initials page by page. I consider that the decision of this essay to be less than 10,000 to 15,000 pages is excluded. So, I predict from my experience that the cleaning process will not be completed before Easter.
Finally, Mr. Vitoros concludes by referring to what the framework of the sentence foresees for joining a criminal organization. “Specifically, the general framework ranges from 5 to 10 years in prison. If mitigating circumstances are recognized, the sentence begins at 2 years and reaches 8 years.
Regarding individual penalties, life imprisonment with mitigation becomes normal, that is, from 5 to 15 years, life sentences are “broken”. At the same time, a sentence that will be announced as a prison with a mitigating factor becomes a prison term of two to eight years. And from 5 to 10 years with relief we go from one to six years. So, under certain conditions and with the use of extenuating circumstances, we can have sentences that “will fall” even for a year.
According to the court ruling, which has multiple impacts on the country’s social and political scene, seven former ATHEX legislators were found guilty of running a criminal organization.
Specifically, they are Nikos Michaloliakos, Christos Pappas, Ilias Kasidiaris, Ioannis Lagos, George Germeni, Elias Panagiotaros, Artemi Mattheopoulos. The court with the same decision declared the former deputies Panagiotis Iliopoulos, Polyvios Zisimopoulos, Antonios Grego, Nikolaos Michos, Nikolaos Kouzilos, Konstantinos Barbarousis, Efstaros Zouvalis, Efstavrios Bouxouli, Efstavrios Bouxouli, guilty of joining and participating in the criminal organization ATHEX . Dimitrios Koukoutsis. Both members of the same criminal organization, George Patelis and Anastasios Pantazis, were found guilty as members of the same criminal organization.
Previously, the judges also unanimously found guilty in the murder case of Pavlos Fyssas, the confessed murderer Giorgos Roupakias and 15 more of the 18 defendants in the specific criminal act. All the defendants were found guilty of attempted murder against the Egyptian fishermen.
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